We have been practicing law in Boston and throughout Massachusetts since 1985. I have represented clients in District Courts, Superior Courts, the Appeals Court, Housing Court, Probate Courts, Federal Bankruptcy Court and the Federal District Court.
The pandemic and state-wide lockdown has resulted in a 50% decrease in traffic throughout Massachusetts. With fewer cars on the freeways and other roadways, our skies are clearing up and pollution levels are dropping. Unfortunately, traffic fatalities are not decreasing as drivers see an opportunity to race down previously congested roads with the expectation that law enforcement has eased up on patrols.
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In April of this year, another tragic accident occurred on Massachusetts Avenue at its intersection with Harrison, just across from Boston Medical Center when a tractor-trailer struck and killed a bicyclist who was apparently walking his bike through the intersection when he was struck. There are traffic lights at this intersection and reports did not indicate if the cyclist was crossing on a green light or if he was struck while walking in the same direction as the truck.
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A recent ruling by the Massachusetts Supreme Judicial Court stemming from a tragic incident at a Maine cabin will undoubtedly cause insurers to carefully review the language in their policies if they want to preserve certain exclusions regarding liability coverage.
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Just when motorists felt that red light cameras were a thing of the past, the state senate is considering a bill that would bring them back. A major complaint among motorists about red light cameras was that they unfairly penalized a driver who had entered the intersection on a yellow light but just before the light turned red, activating the camera, and resulting in a sizeable fine and points on the violator’s driving record. Traffic safety officials have pointed out that the cameras have caused motorists to suddenly slow down rather than risk a violation leading to numerous rear-end collisions. Various commentators have written that their implementation is just another example of overreaching government intrusion into the privacy of citizens.
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Many people despise daylight savings time when clocks are set ahead one-hour and we lose a precious hour of sleep. The early onset of darkness in the late afternoon is lamented as well. Psychologists and other mental health specialists have long argued that the practice is outdated and results in increased rates of depression, bi-polar disorder, and seasonal affective disorder. Now, the conclusions of a traffic study published in Current Biology delivers even more bad news on the effects of the ‘spring ahead,’ and ‘fall back’ routine.
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A recently released study published in the American Journal of Preventive Medicine indicated that 15% of alcohol-related driving deaths involve drivers who tested below the legal driving limit of 0.08% BAC (blood alcohol content). Drivers with a BAC of 0.08% and above are legally presumed to be under the influence and can have their driver’s licenses suspended as well as face criminal penalties. The study also found that 55% of fatalities in accidents where drivers tested below the legal limit were passengers, suggesting that we have underestimated the effects of even lower levels of blood alcohol on driving behavior.
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If you have ever seen or at least heard of the 1953 film noir classic, “The Wild One,” starring a brash and anti-authoritarian hero Marlon Brando who rode menacingly into a small California town with his band of outlaw motorcyclists, you might think about comparing it and its existential message to Springfield resident and self-proclaimed urban cyclist, Joshua Diaz, founder of 413 BikeLife. This group of young, mostly high school aged cyclists, while not exactly taking over and terrorizing the town like Brando and his group of rebel motorcyclists, have taken to the streets of Springfield on their bicycles in what Mr. Diaz claims is merely an expression of their dedication, athleticism, and devotion to the art of bicycle riding.
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While our roads and highways have experienced a dramatic decrease in traffic since our state began the lockdown due to the coronavirus pandemic, and commuting to work receded into a distant memory, we are nevertheless seeing a dramatic increase in pedestrian accidents and deaths. This would seem counter-intuitive since fewer cars and people on the streets would naturally appear to result in substantially fewer encounters between people and cars. But data from the Massachusetts Department of Transportation showed that we had 28 pedestrian fatalities in April, one more than in April 2019. This is despite up to a 50% reduction in traffic on major highways.
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Most Massachusetts motorists are probably unaware that their vehicle, if manufactured in 2013 to the present, has a black box, similar to those found in airplanes. Called an Event Data Recorder (EDR), these devices can offer valuable information in an accident investigation. However, they can and do, like just about any app found on your smartphone, gather certain private data that is often sold to marketers or others.
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This past January two young men in their early 20s who were on their way to an early morning shift for work were killed when their sedan apparently drifted into the opposite lane of traffic and was struck head-on by a pickup truck. Both vehicles sustained heavy front-end damage and the sedan, which ended up in the woods, had a smashed windshield. The pickup truck driver had non-life-threatening injuries.
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